The EU Fundamental Rights Agency has called on Germany and other member states to exceed the legal requirements of the AI Act to protect citizens from abusive biometric surveillance.

The EU Fundamental Rights Agency (FRA) has urged Germany and other member states to implement stricter safeguards against the misuse of AI-powered biometric surveillance technologies. Speaking from Vienna on Wednesday, September 30, the FRA emphasized the need for law enforcement agencies to publish fundamental rights impact assessments to build public trust, going beyond the mandates of the EU AI Act adopted in 2024.

The FRA’s recommendations come after a survey conducted across seven EU countries, including Germany, revealed significant public concerns about the use of remote biometric identification systems. These technologies, which compare individuals’ profiles against databases or watch lists, are increasingly being adopted by police forces. However, the FRA warned that the lack of robust frameworks in several member states could lead to misuse, particularly in public spaces where real-time identification might infringe on privacy and personal freedoms.

According to the FRA, 37 percent of respondents expressed fears that their data could be used for unauthorized purposes, while 29 percent stated they would be less likely to participate in peaceful demonstrations if facial recognition technologies were deployed. FRA Director Sirpa Rautio highlighted the importance of clear safeguards and independent oversight, stating, ‘Remote biometric technologies can support policing without undermining the very freedoms they are meant to safeguard. Ultimately, it is about trust.’

While the EU AI Act prohibits real-time biometric identification in public spaces, exceptions remain for law enforcement in cases involving missing persons, threats to life, terror prevention, or criminal investigations. The FRA’s call for enhanced transparency and stricter national laws is particularly relevant for Germany, where public demonstrations are a cornerstone of democratic expression. As AI surveillance technologies continue to evolve, the debate over balancing security and civil liberties is expected to intensify across the country.